USCIS Issues Guidance on Implementing DHS Acting Secretary’s July 28, 2020, Memorandum on DACA

USCIS issued a memorandum providing guidance on how it will implement DHS Acting Secretary’s July 28, 2020, memo on DACA. Among other things, USCIS will reject all initial DACA requests from individuals who have never previously received DACA and return all fees; accept requests from those who had been granted DACA at any time in the past; and will also accept requests for advance parole that are properly submitted.

For approvable DACA renewal requests, USCIS will limit grants of deferred action and employment authorization under DACA to no more than one year. USCIS will generally reject requests received more than 150 days before the current grant of DACA expires. DACA recipients should file their renewal request between 150 and 120 days before their current grant of DACA expires.

Related Resources

• AILA Quicktake #291: USCIS Issues Guidance on DACA to Implement DHS Memo
• Practice Alert: USCIS Issues Guidance Implementing DHS Memo "Reconsidering” the DACA Program
• USCIS Press Release: USCIS Implements DHS Guidance on DACA – August 24, 2020
• DHS Will Reject Initial Requests for DACA, Limit Renewals to One Year
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